Pacific Telephone & Telegraph Co. v. Davenport Independent Telephone Co.

(after stating the facts as above). [1] The only uncertainty we see about the contract is the absence of a specific description of the property; but that that is certain which can be made certain is an axiom of the law, and the record shows that the representatives of the respective parties had no difficulty in identifying and appraising the property in accordance with the provisions of the contract. We therefore think the court below was quite right in not holding it void for uncertainty.

[2] But according to its express provisions, upon the fixing of the value of the property, in the way agreed upon, the appellant was required to pay such value for, and the appellee to convey to the appellant, “that portion of its property which the Pacific Company [appel-lee] may lawfully acquire, the title to such property to be acceptable to the attorneys for this company.” The record shows that the appellant refused to accept, and consequently to pay for, any portion of the property in question, first on the ground that it could not lawfully acquire any of it, and on the further ground that the appellee’s title to the property was not acceptable to the appellant’s attorneys. There is…